Wages and Hours

Effective Date

June 12, 2017

Last Revision Date

June, 2023 

Responsible Party

Human Resources

Office of Financial Services Payroll

Scope

All employees  

Purpose 

Marymount University (“University”) maintains a 24 hour-a-day, 7 day-a-week, and 52 week-a-year operation to provide proper service to the community and its students. Therefore, when individuals accept work at the university, they do so with the understanding that they may be required to work shifts and schedules at any time during those hours of operation.

1.0 Definitions

1.1 Exempt Employee

Exempt employees are non overtime-eligible and not covered by the federal minimum wage and overtime compensation requirements of the Fair Labor Standards Act (FLSA Exempt). Both full-time and part-time faculty are classified as exempt employees.

1.2 Non-Exempt Employee

A non-exempt employee is considered overtime-eligible and covered by the federal minimum wage and overtime compensation requirements of the Fair Labor Standards Act. (FLSA Non-Exempt).  

2.0 Hours of Work

  1. In all cases, except those of an emergency, managers will be responsible for advising employees under their direction when they are to work; and, insofar as possible, their schedules and shifts shall be maintained.
  2. Managers are responsible for notifying employees under their direction as to the hours expected to work.  Exempt employees are normally employed in positions that are not measured by a forty hour week or an hourly basis.
  3. Managers are responsible for knowing the location of any employee under their direction during the employee’s hours of work.

2.1  Working Hours

  1. Each full-time and part-time employee employed by University agrees as a condition of employment, to work a targeted number of hours within a specified period. Targeted hours are defined to mean that the employee is on the work site, in appropriate attire, and ready to work at that time. 
  2. University core hours for most administrative offices are 9:00 am – 5:00 pm, Monday through Friday. 
  3. During these hours offices are expected to be open and staffed for service. Supervisors may determine the work schedule depending on the operational needs of the department.
  4. A non-exempt employee schedule example: 8:30 am – 5:00 pm with a :30 minute meal break (unpaid) for a 40 hour work week.    

2.2  Rest Periods

  1. Each employee who works at least five hours in any one day shall be entitled to one fifteen minute rest period.  Rest periods are considered as time worked for the purpose of calculating an employees’ hours and wages, including overtime. 
  2. On any day that a part-time employee works less than 3½ hours, they shall not be entitled to a rest period.

2.3  Meal Periods

  1. For non-exempt employees, bona fide meal periods (typically 30 minutes or more) are not compensated as work time. The employee must be completely relieved from duty for the purpose of eating regular meals.  Some employees may have duties that require them to remain on campus during the meal period.
  2. Non-exempt employees who work at least five hours in any one day shall be entitled a :30 minute unpaid meal period during regularly scheduled hours.  
  3. On any day that a part-time employee works less than 3½ hours, at the option of the department head, may take up to thirty minutes (unpaid) for the meal period.

2.4  Work Week

  1. The regular workweek for all full-time employees shall be the number of hours established for their position, e.g. 35, 37.5 or 40 hours per week. 
  2. For pay purposes, the workweek for all employees will be considered to begin at 12:01 am Sunday and end at midnight Saturday.

2.5  Work Day

The regular work day for all full-time staff employees shall consist of the number of hours in the regular work week as defined above, divided by five (5), exclusive of an unpaid meal period.

2.6 Holidays and Other Leave Pay

Refer to University Policy, Leaves and Absence for information on pay calculations and process.

3.0 Electronic Time Records / Time Cards

  1. All University employees are paid biweekly, every other Friday. Should the pay date fall on a holiday, payment will be made on the prior business day. Federal Wage and Hour Law requires that every employer keep accurate records of all time worked or leave taken by each employee.
  2. All non-exempt employees are required to submit their time worked and/or leave taken electronically through the time-keeping system each pay period. All exempt employees are required to submit their leave taken electronically through the time-keeping system each pay period.  
  3. Normal work schedules are auto populated into each employee’s time record. Employees sign their time records electronically. Leave balances are available on the time entry screen. Time records are approved by the designated primary manager or alternate manager.
  4. Time records are to be submitted and approved to Payroll by the Close of Business (COB) on Tuesday following the period ending date.
  5. Time records constitute important documentation of hours worked and ground for payment. As such, time records must accurately represent hours worked, leave taken, etc. The electronic signatures of employee and manager’s approval on the completed time record constitute verification that the hours reported are accurate and complete. Knowingly submitting inaccurate time records are subject to disciplinary action up to and including termination.

3.1 Responsibility of the Time Card Approvers:

  1. To impress upon each employee in his/her department the importance of accurately recording hours worked every day in the web-time record.
  2. Ensure the appropriate information is entered on the time record daily and biweekly total hours worked on both straight time and overtime basis.
  3. Managers and employees should be aware that it is illegal to report and/or intentionally record fraudulent information on the time records.
  4. Department managers, working with the Payroll Department, are responsible for the timely and accurate reporting of hours worked for each employee in the work unit. The desired result is that all University employees are paid correctly and on time.
  5. It is the manager’s responsibility to audit time records for accuracy before they are submitted to Payroll for processing. Any incorrect or incomplete time records could delay payment.
  6. Please respond promptly to email messages and phone calls regarding payroll. When problems are not resolved quickly and the department must be contacted multiple times, there is a possibility that an employee will not receive payment for services on the scheduled payroll. Lack of communication from approvers can create a problem for all parties concerned.
  7. To ensure the appropriate time record codes for work hours, overtime, and all absence as used correctly on the time record.
  8. Ensure to sign their employees time record for each exempt and non-exempt employee by payroll closing date.

3.2 Responsibility of the Employee to:

  1. All employees are required to submit their timecard electronically via the time-keeping system each pay period for hours worked (non-exempt), or any leave taken (exempt and non-exempt).
  2. Employees must code their hours correctly.
  3. Time records are to be submitted and approved to Payroll by the Close of Business (COB) on Tuesday following the period ending date.
  4. Employees that have payroll inquiries must contact either the Payroll Manager or Payroll Assistant.

3.3 Responsibility of the Payroll Department to: 

  1. Monitor, review, and confirm all entries on employee’s time records before paying.
  2. Audit all timecards for accuracy. This includes leave balance availability.
  3. All pay inquiries are answered by either the Payroll Manager or Payroll Assistant. Human Resources creates all new hire positions by inputting salary, benefits leave, etc. Tax withholdings and direct deposit information is entered by Payroll.
  4. Payroll is responsible for entering salary increases, tax updates, direct deposit additions and changes, stipends, and retro pay calculations.

4.0 Overtime Rules

  1. University shall provide approved overtime pay in accordance with legal requirements for eligible employees. Overtime shall be approved only for emergency or unusual situations or when essential to meet operational demands while covering employee vacations, holidays, or peak work periods. 
  2. All overtime work for non-exempt employees is subject to the provisions of the Fair Labor Standards Act (FLSA) and must have the prior approval of the responsible supervisor. Non-exempt employees who work overtime without receiving prior authorization from the responsible supervisor may be subject to disciplinary action, up to and including termination of employment. However, the overtime hours worked will be compensated.

4.1 Non-Exempt Employees

  1. All non-exempt employees receive overtime pay at premium time (time and one half) for all hours worked in excess of 40 hours per week.
  2. Regular hourly rate or regular pay is defined as the base hourly rate plus shift differential, where applicable.
  3. There shall be no pyramiding of overtime, i.e. the payment of overtime on overtime, which may result from payment of both daily and weekly overtime for the same hours of work.

4.2 Computation of Overtime

The following is considered time worked for computing overtime:

  1. University scheduled holidays (worked).
  2. On call time, performed on the university premises.
  3. All fractional hours of overtime are to be reported in quarter hour segments rounded to the nearest quarter hours.
  4. All time worked by an employee and compensated for by University, whether for one or more than one position, will be considered in total for the purpose of computing overtime.
  5. Personnel who are non-exempt and are deemed essential and are required to report during university closures or in emergencies.

5.0 On-Call

5.1  Identification and Notification

Departments should identify positions and employees who are required as a condition of employment to be on-call to come back to work outside of the employee’s regular shift.                                             

Once management identifies these positions, the employee should be notified in writing that the essential functions of his or her job requires the employee to maintain an on-call status on either an intermittent or regularly scheduled basis.  The employee’s position description should also be updated accordingly.

5.2  On-Call Requirements

Management should provide employees who are required to be on-call with a schedule of the time and date that the employee must be on-call.  In addition, the following guidelines apply:

  • Unless otherwise advised, the employee is not required while on-call to remain on the university’s premises.  However, the employee must remain available by telephone, text or pager while off site and respond to any message within fifteen (15) minutes.
  • If an emergency requires the employee to return to campus, he or she must do so within one (1) hour of responding to the message.
  • The employee is not required to restrict his or her activities while on-call, but the employee must remain free of the influence of alcohol or illegal drugs. In addition, the employee should not take any prescription drug that adversely affects his or her ability to safely and effectively perform his or her job duties.  If an employee has a medical condition and has concerns about complying with this requirement, the employee should consult with the Office of Human Resources.
  • If the employee has a conflict and is unable to be on-call during his or her assigned time, it is the employee’s obligation to pre-arrange with his or her immediate supervisor for a replacement to cover the employee’s on-call shift.
  • Employees who fail to respond when called and/or who fail to find a replacement are subject to disciplinary action in accordance with University Policy Absenteeism and Tardiness.

5.3  On-Call Pay

  • Employees will receive one (1) hour of on-call pay at their regular rate for each 8-hour shift of on-call status.  Employees will enter the 1-hour On-Call Time Type as part of their time reporting.
  • If an employee is called to come back to work while he or she is on-call, the employee is paid for hours actually worked for purposes of calculating overtime and is paid in addition to the 1-hour of on-call pay.
  • Commuting time to the university is not counted as hours worked if the employee is on-call and called back to work.  Work time begins upon arrival to work and ends upon clocking out and leaving work.

6.0 Shift Differential

6.1  Overtime and Differentials

Employees who regularly work on shifts where a differential is paid, will receive their base salary plus differential when working authorized overtime.

6.2  Absences and Differentials

All paid absences (e.g. vacation, sick leave, etc.) for those employees regularly scheduled to work on shifts where a differential is paid will be paid at their base rate plus differential.

6.3  Regularly Scheduled Shifts

Employees will receive shift differential payments in accordance with their relevant departmental compensation schedule.

7.0 Payday Schedule

  1. The university maintains one (1) payroll for all employees.
  2. All employees are paid biweekly, every other Friday. Should the pay date fall on a holiday, payment will be made on the prior business day.
  3. University offers direct deposit for the convenience of our employees. Employees are encouraged to take advantage of the direct deposit. All employees with direct deposit can access their Payslips via Workday.

8.0 Payroll Deductions

8.1 Required Payroll Deductions

  1. The University is required by law to make the following payroll deductions for all employees, as applicable, from each employee’s bi-weekly compensation:
    1. Federal Withholding Tax (FIT)
    2. State Withholding Tax (Virginia, Maryland, DC, and West Virginia)
    3. Social Security Contribution (FICA)
    4. Garnishments and Wage Assignments
  2. There may be exemptions from any of the above-named deductions. However, before any such exemption shall be recognized, the employee involved shall present adequate proof to Human Resources of such exemption.
    1. Individuals with full-time student status may be exempt from Social Security Contributions (FICA).
    2. Exchange students or foreign visitors with appropriate visa classification may be exempt from Social Security Contributions (FICA).

8.2 Authorization to Withhold Pay / Voluntary Deductions

  1. Authorization to withhold pay from any employee’s regular paycheck shall be documented by the employee, in writing, showing the specific purpose for which the deduction is made.
  2. The following payroll deductions are made with the authorization and consent of the employee from his/her biweekly salary:
    1. Tax Deferred Annuity Plan contribution
    2. Charitable contribution
    3. Supplemental Life Insurance
    4. Medical Insurance 
    5. Flexible Spending Account contribution

8.3 Relief from Check-off Deductions

  1. The university shall be relieved from making the aforementioned check-off deductions upon an employee’s:
    1. Termination of employment
    2. Authorized leave of absence
  2. Upon the return of an employee to work from any of the absences enumerated above, the university shall immediately resume the obligation of making check-off deductions.

8.4 Garnishments and Wage Assignments

  1. In accordance with the U.S. Department of Labor Wage and Hour Division, a wage garnishment is any legal or equitable procedure through which some portion of an employee’s earnings is required to be withheld by an employer for the payment of a debt. Most garnishments are made by court order. Other types of legal or equitable procedures for garnishment include IRS or state tax collection agency levies for unpaid taxes and federal agency administrative garnishments for non-tax debts owed the federal government.
  2. Wage garnishments do not include voluntary wage assignments—that is, situations in which employees voluntarily agree that their employers may turn over some specified amount of their earnings to a creditor or creditors.
  3. A garnishment or wage assignment requires that the university deduct a percentage of an employee’s salary and forward this amount to the creditor toward satisfaction of the balance of the employee’s unpaid bill. The law requires that these deductions continue until the employee has left the employ of the university or until the debt has been completely paid.
  4. The amount of pay subject to garnishment is based on an employee’s “disposable earnings,” which is the amount left after legally required deductions are made. Examples of such deductions include federal, state, and local taxes, the employee’s share of State Unemployment Insurance and Social Security. It also includes withholdings for employee retirement systems required by law.
  5. All employees who receive wage garnishes shall be seen in the Payroll Department. 

9.0 Paycheck Errors

  1. If any employee feels that an error has occurred in his/her paycheck, he/she should see his/her department head or manager.
  2. If the department head or manager cannot clarify the problem, he/she may contact the Payroll Department, as appropriate, on behalf of the employee.
  3. If the department head is unable to satisfactorily settle the matter, he/she should seek information from the Payroll Department or regarding the resolution of the matter.